LTC 112-2009 Noise Report: January - March, 2009 (Quarter 1-09)R:=C~i`,J~ ~,
2005 iiFR 29 °I°i Z~ 5
m MIAMI BEACH i;. ~ ~:~ 1~~ 1-1:~.~_{~~i_i,
OFFICE OF THE CITY MANAGER
NO. LTC # 112-2009 LETTER TO COMMISSION
70: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, Ciry Manager ~ ~ ~/~
DATE: April 20, 2009 ~
SUBJECT: Noise Report: January -March, 2009 (Quarter 1-09)
This Letter to Commission is intended to provide the quarterly report on the implementation of the City's
Noise Ordinance: as amended in July, 2008. and as required pursuant to the administrative guidelines
adopted via resolution on that date. Data for noise reports is collected by calendar year quarters, and
includes information as required by the Administrative Guidelines as approved on October 7, 2008. As
new types of data have been requested, staff has reviewed noise cases since the adoption of the noise
ordinance in March, 2006, to be able to provide comparables, whenever possible and appropriate. This
report includes data from January through March, 2009 (Q1-09).
The data for Q3-08 and Q4-08 was shared and discussed with the "stakeholders' that have met on this
issue for more than two years prior to the release of those reports. Whenever possible, their suggestions
were incorporated into the final reports, and other recommendations for future reporting were noted.
Additional data was confirmed and reviewed at their request. During their last meeting, the
"stakeholders' requested that the next report Q1-09 be released without their prior input so that the
report could be released sooner. A meeting with the stakeholders will be scheduled shortly.
All of the reporting data required by the Administrative Guidelines is presented in table form in
Attachment A and Attachment B, and summarized below. Additional data has also been included to
provide further information in some areas.
QUARTER i/January-March, 2009
Quarter one in 2009 experienced the highest number of noise cases opened since the approval of the
ordinance in March 2006. However, this reporting period also included the beginning of the busiest
period in the City. including high tourist season and Winter Music Conference. Quarter 4 and Quarter 1
encompass the traditionally busiest periods in the City, and the trend charts for the pasttwo years reflect
that these two quarters have also consistently had the highest number of cases opened.
Summary:
Quarter 1.2009 had a slight increase over Q4-08 in terms of total number of cases opened {17 more)
and, subsequently, the percentage of cases closed as non-valid was very similar to the previous quarter.
By comparison, this quarter included high tourist season and Winter Music Conference. For example,
there were 161 noise cases opened during Winter Music Conference alone. Those 161 noise cases
opened during the six-day period that encompasses Winter Music conference represent an average of
almost 27 calls per day; over the other 84 days of the quarter, noise cases averaged 11 calls per day.
Page 2 of 5
Noise report -Quarter f, T009
Complaint/violations history for Q1-09:
For the reporting period of January 1, 2009 to March 31.2009, the Division opened a total of 1089 noise
cases. Complaints were received for 1061 of those cases (97.4% of all cases opened), and 28 cases
were opened as a result of officers witnessing a violation while on patrol. The following chart
demonstrates the current trends of cases opened, by quarter.
X2006
• 2!107
2000
2°09
Valid vs. non-valid
As previously noted, non-valid cases are those cases whereby "noise" meeting the definition of the noise
ordinance is not occurring at the time of a Code Compliance Officers (or Police Officer's) arrival. The
data is not intended to demonstrate that noise did not occur. only that noise meeting the standard of the
ordinance. and thus a valid violation, was not occurring and could not be witnessed by the Code
Compliance Officer (or Police Officer) as would be necessary for a violation to be issued. A total of 183
cases, or 16.5%, were deemed valid during this quarter, and 906 (83.2%) were closed as "non-valid".
For the last reporting quarter (Q4-OS) 18.1% were deemed valid and 81.9% were deemed "non valid."
Of the 183 valid cases in the current reporting period, 20 or 10.75% resulted in a verbal warning. 126
(68.8%) of the cases resulted in a written warning and 37 (20.2%) were violations that carried fines. The
following chart demonstrates the trends for cases closed as non-valid during the reporting quarters since
the Noise Ordinance was approved in March 2006 (no first quarter data is available for 2006. as the
ordinance was not in place for most of the quarter).
CASES OPENED BY QUARTER
Page 3 of 5
Noise report -Quarter f, 2009
^ 2008
^ 21107
r zoos
~ 2009
Tirne to amve
Beginning this quarter, data on ''time to arrive" was compiled to assist in determining whether the time
between the receipt of a complaint by dispatch and the arrival of a Code Compliance Officer may affect
the percentage of cases closed as non-valid. Of particular interest was whether traffic congestion or
multiple calls for various code-related issues may also affect the arrival time at the location of the
reported violation, which may determine whether noise that would constitute a violation is still occurring
at the officer's time of arrival. Based on an analysis of the cases this quarter. the time from when a call
is received by dispatch and code officer arrival averaged 26:50 for valid cases and 34:02 for cases
deemed `non-valid" during non-Winter Music Conference days, and 19:12 for valid cases and 23:21 for
cases deemed "non-valid" during Winter Music Conference. During Winter Music Conference 26.1 % of
cases were deemed valid and 73.9% were closed as' non-valid".
Maior Event Periods / Saecial Events
This reporting quarter included several high profile special events and major event periods, including the
2009 BCS Championship; the South Beach Wine and Food Festival; the Miami International Boat show;
the Festival of the Arts; art Deco Weekend: Spring Break; and Winter Music Conference (WMC). While
many of these events have components that may cause noise, the two latter (Spring Break and WMC)
include events that are music-oriented. Historically, WMC results in an increase in the number of noise
cases opened and this WMC was no exception. As previously noted, a total of 161 cases were opened
during the six-day period of WMC. During Winter Music Conference 26.1 % of cases were deemed valid
and 73.9% were closed as" non-valid" Attachment B provides a breakdown of cases opened during
WMC, broken down by the data fields used for our reports.
Residential vs. Commercial complaints
For purposes of this report, residential complaints are those complaints of noise occurring in a single
family home, condo or apartment. Hotel, bar. restaurant; retail, condo/hotel, and club would be
considered a commercial complaint. The majority of noise complaints continue to be in residential areas.
The total number of noise cases opened in residential areas this quarter was 723, or 66.4%, of all noise
cases opened. Of those residential cases, 632 or 87.4% were deemed "non-valid". The total number of
PERCENTAGE NON-VALID BY QUARTER
Page 4 of 5
Noise report - Quarter 1, 2009
noise cases opened in commercial areas this quarter was 366. Of those commercial cases, 274 or
(74.9%) were deemed "non-valid". The highest total number of commercial cases opened was for hotels
(85 of 366): 19 of those cases were deemed valid. The second highest number of commercial cases
opened was for restaurants (50 of 366); 14 of those cases were deemed valid.
TOTAL CASES OPENED
Residential v. Commercial
OF TOTAL CASES
RESIDENTIAL 723 _ 66-4%
COMMERCIAL 366 33.6%
TOTAL 1089
The stakeholders requested that information on the disposition (valid vs. non-valid) of the noise cases for
commercial establishments be broken down by "type' (e.g. restaurant, hotel, etc.). That information has
been added to the current breakdown of "Noise Cases by Type of Establishment" in Attachment A.
Once again, the highest number of cases closed asnon-valid are residential cases. This trend has been
consistent with almost 70% of all non-valid disposition residential cases. It is interesting to note that in
spite of a greater total number of cases opened in Quarter 4 as compared to Quarter 3, the percentage
of residential non-valid cases as a percentage of ALL cases opened in Quarter 4 was comparable to
Quarter 3 (Q4-08 = 55.8%; Q3-08 = 55.7%), and still remains more than half of all cases opened.
PERCENTAGE OF NON-VALID CASES BROKEN DOWN BY RESIDENTL4L VS COMMERCIAL
total trv r~s°s 463 347 509 657 543 385 612 805 S66 473 819 906
Anonymous vs. Known-comolainant(s}
There were 454 anonymous complaints, 56 anonymous complaints with contact information provided
and 485 complaints with contact information provided. The anonymous complaints account for 46.8%
percent of total cases, a decrease in the percentage of anonymous complaints as compared to the
ti~ o'~ c~°" o^' o' o= c°` o`' cis 6~.` o°`. o`..
Page 5 of 5
Noise report -Quarter 1, 2009
previous quarter. This also represents almost half, 49.1 % of the "non-valid' cases, also a decrease over
last quarter. As previously mentioned, in some instances the complainant was anonymous and no
contact information was provided, but contact was made at the location with a complainant. These
cases were considered anonymous with contact information provided.
Time/date of violation
Similar to last quarter, this quarter s data reflects that fewer cases were opened for noise occurring from
7a to 11 p (42.9 % of all complaints), than from 11 p to 7a (56.1 %). However, it is important to note that
more commercial noise cases were opened from 7a - 11p than in the eveninglovernight hours. In
addition; 40.8% of all complaints were received on Fridays and Saturdays, combined.
RESIDENTIAL
COMMERCIAL
7a - 11 11 - Ta Not noted Total _
278 441 4 723
189 171 6 366
467 612 10 1089
Appeals
Fourteen appeals were filed for violations issued during this reporting period. The outcome is reelected in
Attachment A, along with updates that occurred this quarter on appeals filed previously.
RECOMMENDATIONS/ISSUES/CONCLUSION:
As previously mentioned, the reports from Q3-08 and Q4-08 were discussed with the stakeholders. At
the meeting, they recommended that no change to the ordinance be considered at that time, as there
has not been sufficient time to determine what, if any, impact these amendments have had on noise in
the City. They suggested that the data be reviewed over at least four (4) quarters to determine if any
trends exist or become apparent.
Neither the Code Compliance Division administrative staff nor the Managers office has received any
complaints during the reporting period regarding excessive noise in the City.
The three reporting quarters may not be sufficient to determine what, if any, impact the most recent
amendments have had on the level of noise in the City. As previously mentioned; an amendment to the
Noise Ordinance Administrative Guidelines was considered and approved to address several issues,
including those relating to noise complaints in apartment buildings. The approval of the amendments
resulted incases being reclassified. While training has been conducted with code staff, and adjustments
have been made to the Permits Plus database, we are providing additional refresher training on a regular
basis and are looking at whether additional screens/and or fields can assist us in capturing data for
purposes of reporting on the implementation of the noise ordinance.
The Quarter two report will also include an annual report providing a comparison by all quarters since the
adoption of the ordinance in 2006.
Attachments
JMGlhmf
ATTACNMENTA
Total Cases Opened Less Code or PD
initiated Complaint Calls
Received
1089 28 1061
~ ..
Valid Cases
183
Non-valid Cases
Tota/Cases
•
Verbal ••
20
Written blaming 126
io anon
o a a r ases
.- ..
Cases opened
° o ases
Opened
Residential 723 66.4°/n
Commercial 366 33.6%
Total 1089
I Residential =Apt. Cond
Commercial =Bar, Club o. Single FamJy
, Hotel Hotel-Condo,
Restaurant, Retail. Other
a
Opened by Type
of Establishment
Valid
Non-Valitl
APTS 415 8.2°/n 91.8%
BARS 29 24.1% 75.9%
CLUBS 42 42.9% 57.1%
CONDOS 212 13.7% 86,3%
CONDO-HOTEL 29 24.1% 75.9%
HOME 96 29.2% 70,8%
OTHER 114 18.4% 81.6%
RESTAURANT 50 28.0% 72.0%
RETAIL 17 23.5% 76.5%
HOTEL 85 24.7 0 75.3 0
Total 1089
• .
Noise Type .-
Valid Cases
Non-valid Cases
TOTALS
CONSTRUCTION 17 58 75
LOUD MUSIC 161 839 1000
LIVE
ENTERTAINMENT
4
2
6
ANIMAL 1 1 2
OTHER 0 1 1
CROWD NOISE 0 1 1
HONKING
CARSlALARMS
0
4
4
Tofals 183 901 1089
F:'gmpM1SALL'~H Ma'.Cotle Compiiance~NOise~Copy of GeFY U Chatls antl rxhihis Q1 2009 n W\L~ xls Al7fil 17. 2009
• 1- ~- • -
TOTAL VALID AND NON-VALID CASES
p- a o
following
morning)
7a -11p
Not Noted
Totals 0 oa a
occurred on that
day of week
R~ida 112 63 1 176 16.2%
Satw~da 169 99 1 269 24.7%
Sunda 85 81 4 170 15.6%
Monda 49 49 0 98 9.0%
Tuesda 51 44 1 96 8.8%
'Nednesda 71 62 1 134 123%
"fhursdey 75 69 2 13.4'/0
Ta-11p t1p-7a o noe Total
RESIDENTIAL 278 441 4 723
COMMERCIAL 189 171 6 366
467 612 10 1089
10!01 -12/31/2008 Valid Non-valid Total
Anonymous 61 393 454
Anonymous with
Contact made
4
52
56
Contactlnfo Provided 90 394 484
Not Noted 10 57 67
nterna or o e 10 2
o s
Date T e Location Applicant
Februa 6 - 8 , 2009
Global Cuba Fest North Beach
8andshell North Beach
Bandshell Trust
F:'tmy"SALL1H~batC°Oe ComDlranw~NOrse'~Copy of Copy cf Cbans and Exaibics QL2009 FINAII xls April 17. 2009
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ATTACHMENT B
Total Cases Opened
161
~ ~ ~ ~ ~ Less Code or PD
initiated
13 Complaint Calls
Received
148
ValiC Cases 42
Non val d Cases 1
To[a! Cases
.•
Verbal 10
Wntten Warnin 19
io anon
o a a r ases
.- ..
ases opens o ota
Residential 67 41.6`/
Commercal 94 58.4%
Tote! 161
Residential =Apt. Condo. Single Family
Commercial =Bar, Club. Hotel, Hotel-Condo, Restaurant. Retail. Other
Valid Non-Valid
APT 28 3.6% 96.4"'..
BAR 10 20.0%, 80.0'V'~
CLUB 9 55.6°L, 44.4°,~~.
CONDO 25 12.0`yo 8E 0'rh
HOTEL 43 34.9No E51','k
HOTEL-CONDO 7 57.1% 42 9°rl:
OTHER 14 21.4% iB6°~E
RESTAURANT 5 40.0°h 6U.0°~L
RETAIL 6 50.0°ti 50.0°h
14 28-6°k 71.4"~:
To[a! 161
~ ~ -
Noise T e Valid Cases Non-valid Cases TOTALS
CONSTRUCTION 1 5 6
LOUD MUSIC 41 114 155
LIVE
ENTERTAINMENT
0
0
G
ANIMAL 0 0 0
OTHER 0 0 D
CROWD NOISE 0 0 0
HONKING
CARS/ALARMS
0
0
0
Torals 42 119 161
r~~u~ys:.Ln-n:ac:ae:nmaan:e•.vo~•co:v of co.v of mane a^a e;mtns m-xmeF.n.,rr~ns rwrnc-:oosi Apn11Z 2009
- . .. .- .
TOTAL VA
LID AND NON-VALID
CASES
- O
following
moming)
7a - 11p
Not Noted
Totals
Fritla 11 13 0 24
Salurda 17 24 0 4t
Sunda 8 13 0 21
Monda 1 0 0 1
Tuesda 10 3 0 13
Wednesda 10 16 1 27
Thursda 1 4
Tofals
VALID
p- ao
following
moming)
7a - 11p
Not Noted
Totals
Frida 3 5 0 8
Salurda 5 2 0 7
Sunda 2 3 0 5
Monda 0 0 0 0
Tuesda 3 1 0 4
Wednesda 2 6 1 9
Tnursday 7
Totals
NON-VALID
p- a o
following morning}
7a - 1 tp
Not Noted
Totals
Frida 8 8 0 16
Saturda 12 22 0 34
Sunda 6 10 0 16
Monda 1 0 0 1
Tuesda 7 2 0 9
Wednesda 6 10 0 18
Tnursday 8 t'
Totals
RESIDENTIAL
COMMERCIAL
7a-11p 11p-7a o no Total
33 34 i 68
60 33 0 93
93 67 1 161
1 D1C1 - 12.3112008 Valid Non-valid Total
Anon ~mous 19 55 74
A-ionymuus with
Contact made
1
3
4
Co rtact Info Provided 12 46 58
N:a Noted 1 11 12
Interna i or o e 4
oas
Date Ty pe Location Applicant
0 312 712 0 0 9 JC09000589 CE0900a365 510 Ocean Dr Belkni Italian Bistro SM scheduled 5;14;09
1235 Washington Star Island
03125.2009 JC09000590 CE090042at SM scheduled Y14109
Ave Entertainment
03/25/2009 JC09000591 CE0904237 235 23rd St Mokai SM schc-doled 5114'09
:o:9nn:.~:,e .Lw/,t~24441 April 17, 2009